Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Deans Cablevision Inc.           )       File Number EB-02-KC-393
Owner of Antenna Structure       )
Registration Number1223423 at    )      NAL/Acct.No. 200232560010
Conception Junction, Missouri    )
Lamoni, Iowa                     )                 FRN 0006149496




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 26, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Deans Cablevision  Inc.,  owner of  antenna  structure 
number  1223423,  willfully   violated  Section   17.50  of   the 
Commission's Rules1 by  failing to clean  or repaint the  antenna 
structure as often as necessary  to maintain good visibility.  We 
conclude that Deans Cablevision Inc.  is apparently liable for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On May 30,  2002, an agent  of the Commission's  Kansas 
City  Field  Office  inspected  Deans  Cablevision  Inc.  antenna 
structure with  Antenna  Structure  Registration  number  1223423 
located in Conception  Junction, Missouri on  South Highway  169.  
The bands of the antenna  structure were not clearly visible  due 
to faded and rusted paint.

                        III.  DISCUSSION

     3.   Section 17.50  of the  Commission's Rules  states  that 
``[a]ntenna structures requiring painting  under this part  shall 
be cleaned or repainted  as often as  necessary to maintain  good 
visibility.''  On May 30, 2002, Deans Cablevision Inc. failed  to 
maintain good visibility of its antenna structure number  1223423 
because the required structure markings were faded and rusted.

     4.   Based on the evidence  before us, we  find that on  May 
30, 2002,  Deans  Cablevision Inc.  willfully2  violated  Section 
17.50 of  the  Commission's Rules  by  failing to  maintain  good 
visibility of its antenna structure.

     5.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this  notice   is  $10,000.3     Section   503(b)(2)(D)  of   the 
Communications Act of 1934, as amended (``Act''), requires us  to 
take into account  ``... the nature,  circumstances, extent,  and 
gravity of the violation, and  with respect to the violator,  the 
degree of culpability, any history of prior offenses, ability  to 
pay,  and  other   such  matters  as   justice  may   require.''4  
Considering the entire record and applying the statutory  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,6 Deans Cablevision Inc is hereby NOTIFIED  of 
its APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  ten 
thousand dollars ($10,000) for willful violation of Section 17.50 
of the Commission's Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this Notice Of Apparent  Liability, Deans Cablevision Inc.  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     8.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     10.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.7 

     12.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this Notice Of Apparent  Liability 
shall be sent by regular  mail and Certified Mail Return  Receipt 
Requested to Deans Cablevision Inc. at 115 South Linden,  Lamoni, 
Iowa  50140.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Robert C. McKinney
                              District   Director,    Enforcement 
Bureau
_________________________

1 47 C.F.R. 17.50.
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `willful,' when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503 (b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.